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Proving Damages in a Maryland Personal Injury Case

When you are injured in a personal injury case, whether it is an auto accident or a product defect case, you have to prove that the other party was at fault as well as what your total damages are. It is not enough to say the other party is at fault and that they owe you a certain amount of money. This is where the assistance of a Maryland personal injury attorney comes in.

The skilled lawyers at the Law Office of Robert R. Castro fight for clients on a daily basis. We thoroughly investigate liability to show the other party was at fault, and can also help build a strong case showing why you are owed full compensation for your damages.

Proving Liability in a Maryland Personal Injury Claim

In order to succeed with a liability claim against the at-fault party, you need to prove the following four elements:

  • The other party owed you a duty of care;
  • The other party breached his or her duty of care;
  • The breach of duty is the direct cause of the accident; and
  • You as the plaintiff suffered injuries.

Your Maryland personal injury attorney will work tirelessly to gather the necessary evidence to prove the other party was at fault. Maryland is one of the few states that still follows the contributory negligence theory, which means that if you are even 1% at fault, you are barred from recovery. This is why you need a skilled attorney who can help prepare the strongest case possible.

Proving Damages in a Maryland Personal Injury Claim

Once you get over the hurdle of proving liability, you need to prove your damages in order to support your demand. The amount of damages you are entitled to will vary based on a number of different factors. For example, in an auto accident, the amount of damages will depend on the circumstances of the accident, how severely you were injured, and what medical treatments you had along with time lost off work. If the other party’s insurer thinks your injuries were not in line with the accident mechanics, they will try to limit the amount you are able to recover.

Personal injury damages can include the following:

  • Medical expenses, including emergency room treatment, physical therapy, surgery, etc.
  • Loss of earnings, including future earnings in some cases
  • Disability
  • Property damage like vehicle repairs
  • Pain and suffering
  • Emotional distress

Damages like medical expenses, physical damages, and lost wages are compensatory or special damages. These are damages that are tangible and quantifiable. They are designed to restore the plaintiff to the state they were in prior to the accident, as much as possible. This may not be possible in the case with a permanent disability. General damages are pain and suffering and emotional distress. They are more subjective and will vary based on the severity of the accident and the amount of compensatory damages.

In limited circumstances, a jury may award punitive damages, which are designed to punish the at-fault party. These are only awarded when the act was especially offensive or egregious, like drunk driving, for example.

Contact a Charles County Personal Injury Attorney

If you or a loved one were injured due to someone else’s negligence, contact the Law Office of Robert R. Castro today at 301-870-1200 to schedule an initial consultation today.